Legal realism and associated developments are thought to have undercut the philosophical framework of classical liberalism in significant part by dissolving the foundational concept of property. In a post-Realist world, property must be considered a form of regulation, and there is therefore no...

How should we allocate property rights in unowned tangible and intangible resources? This Article develops a model of original acquisition that draws together common law doctrines of first possession with original acquisition doctrines in patent, copyright, and trademark law. The common...

This article examines a characteristic of property entitlements that is fundamental to the structure of property systems that has received scant academic attention, a characteristic referred to as the mutual exclusivity principle. According to this principle, a property system does not allow for...

Property has always been treated somewhat exceptionally in the realm of conflict of laws, but today conflicts rules for property are more unusual than ever — not because they have changed, but because they haven’t. Decades ago, most states discarded the general body of traditional...